STATE OF FLORIDA, PETITIONER,
v.
JOSEPH CHARLES SPADARO, RESPONDENT
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SHAW, Justice.
We have for review Spadaro v. State, 539 So. 2d 1169 (Fla. 2d DCA 1989), based on express and direct conflict with Harris v. State, 520 So. 2d 639 (Fla. 1st DCA), review denied, 536 So. 2d 244 (Fla.1988). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The question presented is whether Carawan v. State, 515 So. 2d 161 (Fla.1987), may be retroactively applied on a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. In State v. Glenn, 558 So. 2d 4 (Fla.1990), we held that double jeopardy claims based on Carawan could not be applied retroactively on a post-conviction motion. We accordingly quash that portion of the district court’s decision treating appellant’s double jeopardy claim, order the district court to reinstate the trial court’s denial of the motion for postconviction relief, and approve Harris.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, BARKETT, GRIMES and KOGAN, JJ., concur.
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Mitchell v. State, 696 So. 2d 410 (Fla. 5th DCA 1997)…ents an “evolutionary refinement” in the criminal law,2 not a change of constitutional dimension. Consequently, it does not merit retroactive application in a collateral proceeding brought after the two-year time limit has run. See State v. Spadaro, 556 So. 2d 1119 (Fla.1990) (Carawan3 double-jeopardy analysis does not merit retroactive application in a postconvietion proceeding); McCuiston v. State, 534 So. 2d 1144 (Fla.1988) (decision in Whitehead, , holding that status as habitual offender constitutes an i…
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Stinnett v. State, 576 So. 2d 927 (Fla. 5th DCA 1991)….Crim.P. 3.111(d)(5). Had Stinnett waived counsel at the suppression hearing, the offer by the court of assistance of counsel had to be renewed at the time of trial. See Spadaro v. State, 539 So. 2d 1169 (Fla. 2d DCA 1989), quashed on other grounds, 556 So. 2d 1119 (Fla.1990); Smith v. State, 444 So. 2d 542 (Fla. 1st DCA 1984). The state contends, on the other hand, that what the defendant was actually seeking was the right to “hybrid” representation, to which he was not entitled. See Sheppard v. State, 391 S…
Authorities Cited
- Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
- State v. Glenn, 558 So. 2d 4 (Fla. 1990)
- Harris v. State, 520 So. 2d 639 (Fla. 1st DCA 1988)
- Spadaro v. State, 539 So. 2d 1169 (Fla. 2d DCA 1989)